General terms of MEDIENLB, media for curricula and educational standards GmbH (hereinafter referred to as "MEDIENLB")
1.1. For all contracts / orders the General Terms and Conditions of MEDIENLB in the current version apply, unless, in individual cases, different terms are agreed in writing. Conflicting conditions of the buyer / customer shall not apply, irrespective of the way of knowledge, except in the event that these are accepted in writing. Merely for reasons of precaution such conditions are hereby rejected.
1.2. Earlier terms of MEDIENLB hereby lose its validity regarding future contract conclusions.
2. Parties, conclusion of contract, change, offer liability
2.1. The contractual relations concluded between the customer and the MEDIENLB. The conclusion of the contract takes place on your order at the MEDIENLB and written order confirmation by MEDIENLB or by execution of contract / agreement through MEDIENLB.
2.2. Technical or other changes in realm of reasonability reserved. Similarly, to the extend allowed by law, offers are subject to change without notice.
3. Contractual purpose
Subject of a contract is the order and the delivery of audiovisual media.
4. Contract execution
4.1. In individual cases, the contract realization can be made dependent on the customer paying a deposit or providing other security.
4.2. The customer is not entitled to transfer rights and / or obligations arising from contracts concluded with the MEDIENLB to third parties unless otherwise expressly agreed in writing by MEDIENLB.
5. Transference of rights, usage rights, copyright and publishing law
5.1. The customer obtains the transfer of the right, to use the media for non-commercial educational purposes in accordance with the applicable license agreement, not publicly in terms of copyright law, only from the date of full payment of the respective invoice, optionally including all additional charges. Any other arrangements are subject to prior consent in written form by MEDIENLB
5.2. All rights not expressly assigned within these Terms and Conditions, the license terms or printing on the media themselves are reserved. Particularly prohibited are:
- Commercial, public presentations in every technically potential manner as well as public presentations outside the education sector,
- Reproduction, making copies and re-recording in any technical way,
- Broadcasting on radio, television, Internet and all other relevant media representation, no matter what technical means of transmission (satellite, cable, etc.) are used,
- Editing or changing the media or parts of it and
- Removing, relabeling or other garbling the original labels and MEDIENLB labels.
The assertion of claims for damages and criminal prosecution for transgressions are expressly reserved.
If there are any questions or queries with regard to the above rights, MEDIENLB is to be contacted before use of the media to answer these questions.
The software and data are copyright protected. The copyright- and publishing law as well as all associated rights remain exclusively with the MEDIENLB and / or the respective holder of rights. It is prohibited to copy the CD-ROM and DVD, to change, edit, translate, decompile or disassemble the software contained in the CD-ROM or parts of it.
6. Binding delivery dates
Delivery dates are only binding if after receipt of order a written acknowledgement occurs by an authorized employee of MEDIENLB.
7. Terms of payment
7.1. Unless agreed otherwise in writing, all payments have to be made net cash without any deductions within 30 days after date of invoice or delivery of the goods.
7.2. The customer may pay by bank transfer, cash on delivery, invoice, credit card or direct debit. MEDIENLB reserves the right to exclude individual payment. Cheques and drafts are not eligible as payment method.
7.3. At the end of the payment period according to section 7.1 the customer is in default. During the default the customer, who is defined as consumer by German Civil Code, shall bear interest on the money dept in the amount of 5 per cent above the base interest rate (§247 German Civil Code). The customer, who is defined as entrepreneur by German Civil Code, shall charge interest on the money dept during the delay at the rate of 8 per cent above the base rate. MEDIENLB reserves the right to claim a higher damage to interest income due to debtor's delay towards the customer who is defined as entrepreneur by German Civil Code.
7.4. Decisive is always the price list that is valid at the ordering date. All prices include VAT. They apply only to orders from domestic regional, district and city rental centers, media centers, libraries, inter-company vocational training and rehabilitation centers, universities of all kinds, other institutions of youth and adult education.
7.5. The prices are quoted in EUR plus packaging and delivery flat fee.
7.6. For all other orders: delivery opportunities, terms and prices on request.
7.7. If circumstances emerge to MEDIENLB that question the customers solvency or willingness to pay, especially if payments are stopped or due payments are in delay, MEDIENLB is entitled to set due the residual dept, irrespective of already granted payment targets or extensions. In this case MEDEIENLB is also entitled request advanced payments or securities (see also section 4.1) or, after reasonable deadline, to resign from the contract.
7.8. The customer has a right to set-off is only if his counterclaim is legally established or recognized by the MEDIENLB. In this case the same applies for a possible right of retention.
7.9. In principle the customer may only exert a right of retention if his counterclaim is based on the same contract.
8. Retention of title, right of withdrawal by MEDIENLB
8.1. The ownership of the goods will remain with MEDIENLB until full payment inclusive all additional charges has been made.
8.2. In case of default or other behaviour contrary to contract on the part of the client MEDIENLB is entitled to withdraw from the contract and demand the return of the goods.
9. Passing of risk at consignments, cost transfer
9.1. For customers, who are consumers as defined by German Civil Code, the risk of accidental loss and accidental deterioration of the purchased goods also for delivery by carrier shall pass on to the consumer on the delivery of the goods.
9.2. For customers, who are entrepreneurs as defined by German Civil Code, the risk of accidental loss and accidental deterioration of the goods shall pass on to the entrepreneur with the handover, or, in case of the delivery by carrier, the delivery of the goods to the carrier, forwarder or other parties who are destined to perform the dispatch.
9.3. For shipments to MEDIENLB the sender bears the risk for the goods up to their final acceptance by MEDIENLB.
9.4. The return of goods to MEDIENLB up to an order value of € 40.00 are at the customers’ expense, unless the delivered goods do not comply with the order.
9.5. In the online supply of files, the risk of loss or alteration of data passes on to the customer on crossing the network interface.
9.6. Transfer shall be deemed made even if the customer has delayed actual receipt of the goods.
10.1.Customers, who are entrepreneurs as defined by German Civil Code, have to notify MEDIENLB in writing about apparent defects within one week after receipt of the goods, otherwise the warranty claim is excluded. The entrepreneur is sole responsible for providing evidence that his claim is justified (deficiency, complaint, timely receipt of complaint)
10.2. For the announcement of unapparent defects, statutory provisions count.
10.3. The warranty period for customers, who are consumers as defined by German Civil Code, is two years from date of delivery. The warranty period for customers, who are entrepreneurs as defined by German Civil Code, is one year from date of delivery. For used goods, the warranty period is one year from date of delivery.
10.4. The defects liability confines initially towards customers, who are entrepreneurs as defined by German Civil Code, at MEDIENLB’s opinion to free repair, new installation or delivery of impeccable pieces. In cases of double failed amendments / replacements the customer is entitled to alter the sales contract respectively abatement of the purchase price.
10.5. Customers, who are consumers as defined by German Civil Code, may choose whether the supplementary performance should be rectification of defects or replacement delivery. MEDIENLB is entitled to refuse the chosen supplementary performance if it’s a matter of disproportional expanses and other types of supplementary performance are without any significant disadvantages for the consumer.
10.6. Additional claims are excluded.
11.1 MEDIENLB assumes liability only for complete delivery in accordance with the relevant specifications and for flawless picture and sound quality within the context of accepted state-of-the-art technology for the copying and printing method used in the provided pieces, in computer software only for technically flawless floppy disks/ CD-ROMs in the range of the manufacturer's warranty.
11.2. MEDIENLB assumes no liability for a restricted operability due to system-related conditions and peculiarities of a program.
11.3. For negligently breach of duty, the liability of MEDIENLB towards customers, who are consumers as defined by German Civil Code, confines to the foreseeable, typical for this kind of contract, direct damage. This also applies for slight negligence of its legal representatives or vicarious agents. Liability for indirect damages such as lost profits, etc. is excluded.
11.4. Towards customers who are entrepreneurs as defined by German Civil Code, MEDIENLB shall not be liable for slight negligence breach of contract. As regards essential breach of contract, the restrictions stated in Section 11.3 shall apply.
11.5. The liability for the injury of body or health, due to Product Liability Act or on the basis of guaranteed quality remains unaffected by the above regulations.
12.1.Die MedienLB collects and processes personal data in the context of the relevant legal provisions, especially in the context of the Federal Data Protection Act.
12.2. The customer explicitly consents to the collection, processing and use of personal data in an anonymous form for the purpose of customer information, market research and an as-needed design of the range of products and services of MEDIENLB. He has the right to revoke the consent with effect for the future at any time.
13. Cancellation terms and conditions
13.1. A contract, which is concluded under exclusive use of remote means of communication, the consumer has the right to revoke his declaration of intent to the conclusion of the contract within a period of two weeks. The withdrawal period begins on receipt of the delivery at the consignee, in case of recurring deliveries of similar goods at the date of receipt of the first partial delivery and as regards services on the day of conclusion of the contract. The revocation goes without explanatory statement and is to be submitted in writing (e.g. letter, fax, email) or by returning the goods to MEDIENLB; to meet the deadline timely mailing shall suffice. The period shall not begin until the customer has received both the goods and this statement of his rights. Upon usage of delivered audio or video recordings or software, the right of withdrawal expires. The revocation must be sent to: MEDIENLB Gesellschaft für Lehrpläne und Bildungsstandards GmbH Am Bahnhofplatz 8 82319 Starnberg Fax: 08151/55071-99 E-mail: info@MEDIENLB.de
13.2. At a contract, with the supply of goods for subject, the consumer is obliged to return the goods in case of withdrawal if the delivered goods can be shipped by parcel. In cases of withdrawal for orders up to € 40 the consumer has to bear the expanses unless the delivered goods do not correspond to the goods ordered. Order volumes exceeding € 40, - the consumer does not bear the expanses of returning. In case of a valid revocation, both parties have to return the received goods or payments as well as any derived benefits. If the received benefit whole or in part or only in a deteriorated state can be returned a compensation for lost value shall be supplied where required. With surrender of goods this does not apply if the deterioration of the goods solely arises from its examination. Moreover, in case of a return, the customer can avoid these costs (decrease in value) by not treating the merchandise as being fully owned and to refrain from any actions which could have a detrimental effect on its value.
Exchanges due to dissatisfaction are excluded.
15. Severability Clause, Place of Jurisdiction, Applicable Law
15.1. Jurisdiction for all claims arising is - insofar as legally permissible - Munich. Place of fulfillment is Gauting.
15.2. Solely the law of the Federal Republic of Germany shall be applicable to the present agreement, excluding the United Nations Convention on Contracts for the International Sale of Goods.
15.3. Should individual provisions of the contract with the customer including these terms and conditions be wholly or partially invalid or contain gaps, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision or gap is to be replaced by a regulation, whose economic success comes closest to the invalid one or be supplemented by a provision in the case of an omission, which comes as intended by the parties as closely as possible.